HOA Hail Claim Assessment Deductible - not being assessed equally as a common expense

My pre-CCIOA community that has both condo buildings and townhomes experienced a hail event last June. The Association's insurance policy contains an endorsement for the specific peril of wind/hail. The endorsement carries a 5% deductible as part of the total insurance proceeds and is based on the valuation of all buildings, for which owners have been notified to carry H06 insurance annually. The Association insurance is for Replacement Cost Value coverage on all buildings and was paid for by all Owners. The policy windstorm or hail deductible for the policy is calculated separately for, and applies separately to, each building that sustains loss or damage. Specific insurance covers each building under a separate limit of insurance and calculates the net claim after the 5% deductible has been met -- not how much each owner will be assessed. The assessment is based on the 5% Deductible of the valuation of the property, regardless of how many buildings sustained damage.

The first assessment letters for owners to submit to insurance for our H06 loss assessment coverage were sent February 15, 2024, and properly assessed the 5% deductible amount in an equal amount for all townhome owners and an equal amount for all condo owners based on the valuation of all the buildings. Loss Assessment is triggered when the entire community is assessed for a loss that could have been covered for insurance but was not. The 5% deductible is part of the terms of the wind/hail endorsement terms of the policy.

New roofs were installed on one-third of the buildings almost 3 years ago and were paid out of our common element reserves. Those buildings were not included in the Net Claim because they did not sustain damage, so the Net Claim amount awarded is based on the remaining two-thirds of the buildings on the property that were damaged; however, the roofs are Common Elements and thus a Common Expense for All Owners.

Specific insurance is a type of property insurance in which only one individual property is covered by the policy, which is why each building has been adjusted - to determine whether the damage to a specific building has met the 5% deductible amount and thus how much the insurance company is going to pay – not how much each owner will be assessed. The assessment is based on the 5% Deductible of the value of the property, regardless of how many or which buildings sustained damage.

The association attorney "got involved" and decided to invoke a Reconstruction Assessment provision of the PUD Declaration and apply the assessment only to Owners of the damaged building. He sent out revised assessment letters on the firm's letterhead advising the townhome owners "an error had been made by the attorney" on the assessment amount calculation. The attorney's revised letters calculated the assessment amount based on the "deductible" calculated by the adjuster for each specific building that was damaged and divided that among the 4-6-or-8-unit owners in each building.

Our PUD Declaration provides for a Reconstruction Assessment that may be levied against owners in the event of damaged or destroyed buildings, without owner approval, which is the provision the attorney is invoking. The structures/ townhome buildings were Not destroyed. The claim is for Common Element Roofs and the building deductible used in the adjustor's specific building calculation to determine the Net Claim amount insurance paid, should not be confused with the 5% deductible based on the valuation of all buildings that is the proper amount all owners should be assessed proportionately.

The attorney sent out revised letters to owners of buildings that sustained no damage telling them the deductible does not apply to their units and any H06 claim money that had been received by the management company was returned.

Condominium owners are being charged for the condo building roof repairs, even though only 4 units have roofs above, and also the detached garage building. Condo owners own the airspace inside their units, yet our revised assessment includes the condo building roofs and detached garage buildings owned by the Association. The Condo buildings and garage buildings are common elements, and the repair and replacement of roofs is a common expense! The condos don't have a reconstruction assessment, yet that is what we are being charged. The condos Under this scenario, the condo buildings would not have any assessment! The condo owners only have an assessment if the common element assessment of the 5% wind hail deductible applies. The common elements of the condos are owned together and cannot be separated, yet, the condo assessment is based on two buildings, not three.

The Association's insurance policy covers all owners and all buildings and was paid for by all members of the association. It includes a wind / hail endorsement specific to a hail event claim that includes a 5% deductible based on the valuation of all buildings, thus all owners should pay to repair the common element roofs.

The attorney refuses to look at anything except the Reconstruction Assessment of the PUD Declaration (which can be assessed without owner approval) and won't consider Special Assessment provision for Common Elements, which normally requires 67% owner approval. He also refuses to look at defined property terms in the Declarations. Because the insurance policy has a separate 5% deductible of the valuation of all buildings for the specific peril of wind/hail, no further approval of the assessment is needed.

The attorney blamed the mistake on our documents; that they are so confusing, and we really need to revi$e them. I believe the attorney is creating this mess as a prelude to make us revise our documents and opt into CCIOA so the president can set the annual assessment.

HELP! What can an owner do to force the association to assess the proper amount without hiring an attorney? Is there a way to hold the attorney accountable for his "error"?